Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Species A (Figures 1-8, 11, and 13) in the reply filed on 1/23/26 is acknowledged. Claims 9, 10, and 14 have been withdrawn from consideration as being drawn to non-elected species.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 9/12/24 is noted. The submission is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the examiner is considering the information disclosure statement.
Claim Rejections - 35 USC § 102
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
6. Claims 1-8 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barnts (US 2013/0142602 A1).
Regarding claim 1, Barnts discloses a cargo carrier (10) releasably coupled to a hitch (13) of a vehicle, the cargo carrier comprising: a frame including a first frame portion (47) releasably coupled (via 12) to the hitch and a second frame portion (104/108) that is movable relative to the first frame portion; and a lifting assembly for alternatively raising and lowering the second frame portion relative to a grounded position, the lifting assembly including an electric motor (135) that receives electrical current from a power source (140), and a drive mechanism (128/132) driven by the electric motor to translate the second frame portion relative to the first frame portion to alternatively raise and lower the second frame portion relative to the grounded position, wherein the second frame portion is alternately connectable to a platform upon which cargo is storable and a power tool directly supported by the second frame portion without the platform (neither the platform nor the power tool are currently being claimed in combination due to the functional language “is alternately connectable”).
Regarding claim 2, Barnts discloses the cargo carrier of claim 1, wherein the power source is a battery pack (140) that is removable and interchangeable (see Figure 3 and [0029]) for use with a plurality of power tools in a power tool system all configured to use the battery pack (none of these additional tools are currently being claimed in combination due to the functional language “interchangeable for use with”).
Regarding claim 3, Barnts discloses the cargo carrier of claim 1, wherein the drive mechanism includes an insert (132) defining a threaded aperture and a threaded rod (128) threadably engaged with the threaded aperture of the insert (see Figure 3 and [0027]).
Regarding claim 4, Barnts discloses the cargo carrier of claim 3, wherein the threaded rod is configured to rotate and the insert is configured to translate relative to the first frame portion as the threaded rotates to allow the second frame portion to translate relative to the first frame portion to raise and lower the platform relative to the grounded position (see Figure 3 and [0027]).
Regarding claim 5, Barnts discloses the cargo carrier of claim 1, wherein the second frame portion (104/108) defines a first interface (108), wherein each of the platform and the power tool (still not being claimed in combination, though Barnts discloses a platform 18) includes a coupler (also not being claimed in combination, though Barnts discloses a coupler 119) having a second interface that is complementary to the first interface of the frame, and wherein a fastener (also not being claimed in combination, though Barnts discloses a fastener 109) removably couples the first interface of the frame to the second interface of the coupler.
Regarding claim 6, Barnts discloses a cargo carrier (10) releasably coupled to a hitch (13) of a vehicle, the cargo carrier comprising: a frame including a first frame portion (47) releasably coupled (via 12) to the hitch and a second frame portion (104/108) that is movable relative to the first frame portion; a platform (18) coupled to the second frame portion upon which cargo is storable (cargo not currently being claimed in combination due to the functional language “is storable”); a battery pack (140); and a lifting assembly for alternatively raising and lowering the second frame portion and the platform relative to a grounded position, the lifting assembly including an electric motor (135) that receives electrical current from the battery pack, and a drive mechanism (128/132) driven by the electric motor to move the second frame portion relative to the first frame portion to alternatively raise and lower the platform relative to the grounded position.
Regarding claim 7, Barnts discloses the cargo carrier of claim 6, wherein the battery pack is removable and interchangeable (see Figure 3 and [0029]) for use with a plurality of power tools in a power tool system all configured to use the battery pack (none of these additional tools are currently being claimed in combination due to the functional language “interchangeable for use with”).
Regarding claim 8, Barnts discloses the cargo carrier of claim 6, wherein the drive mechanism includes an insert (132) defining a threaded aperture and a threaded rod (128) threadably engaged with the threaded aperture of the insert, and wherein the threaded rod is configured to rotate and the insert is configured to translate relative to the first frame portion as the threaded rod rotates to allow the second frame portion to translate relative to the first frame portion to raise and lower the platform relative to the grounded position (see Figure 3 and [0027]).
Regrading claim 13, Barnts discloses the cargo carrier of claim 6, wherein the lifting assembly further includes a housing (126) in which the electric motor is located (see Figure 3), and a user interface (134,136) on the housing having user controls to selectively operate the electric motor to alternatively raise and lower the platform relative to the grounded position (see Figure 7 and [0027]).
Claim Rejections - 35 USC § 103
7. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
8. Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Barnts (US 2013/0142602 A1) in view of Hutchins (US 2005/0129490 A1).
Regarding claim 11, Barnts discloses the cargo carrier of claim 6, wherein the platform includes a ramp (110). Barnts fails to disclose the ramp being movable such that is adjustable between a deployed position, in which the ramp extends toward a support surface upon which the vehicle is located, and a stowed position.
Regarding claim 12, Barnts fails to disclose the cargo carrier of claim 11, and also fails to disclose wherein the ramp is pivotable between the deployed position and the stowed position.
Barnts appears to show a static ramp but discloses no criticality to such design choice. Hutchins teaches that it was already known for a ramp (15) like that of Barnts to be pivotable (via 30) between a deployed and stowed position as claimed. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have made the ramp of Barnts pivotable, as taught by Hutchins, as mere design choice between known ramp designs, and additionally so that the ramp could be pivoted up to provide an extra measure of security against the wheelchair or scooter rolling off the platform, as would have been understood by the person of ordinary skill in the art through their own available knowledge and reasoning.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Of particular note, US Patent No. 11,400,850 specifically discloses the use of a portable tool battery (320) such as those from Dewalt, Ryobi, or Milwaukee (see col. 10 lines 59-62) being used to power a vehicle lift system like that of the present invention.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN M LARSON/Primary Examiner, Art Unit 3734 5/21/26
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